The property has probably not been liened yet, but that doesn't mean that it won't.
First, has there been any enforcement actions on this child support case? That is to say, has he actually stood before a judge and heard "you WILL start paying the mother of your child the amount owed or you WILL lose your license or you WILL lose your tax refund check?" If he hasn't, then liening is probably not in the works. If he has lost his license already, or he's already had tax refund checks diverted to offset his child support obligation, then you may be closer to a lien.
In either case, he will be notified....whether it's an offset, lien or contempt action, he will be notified so I think it's safe to say that the property in question is free from liens pertaining to child support. If, however, the mother of his child hears of the proposed sale, she could spur the courts into some sort of action. And she should.
2006-10-14 17:49:25
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answer #1
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answered by Anonymous
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Unless the court system knows about the property my guess would be no. You need to make sure your attorney or case worker knows about this, it is probably the only way you will get any child support out of it. My ex owes $16,000 in back support and I have only gotten his taxes once, and that was a long time ago, so if they aren't holding out on taxes, I would not think they would hold out on property unless they are aware of it. If you don't have an attorney, I would call the court system you go through and talk to someone there. My son will be 30 before I get all my back support, they are letting him pay it out at $50 a month. So I hope you can recover yours from the property and get it sooner. They did put a levy on his bank account for the money, but it was after he hadn't paid in months. The state or ur attorney would have to be aware of it so you could put a lein on it. Make sure someone court savvy knows about it! I will be living vicariously through you if that happens, so from one mom to another....Good Luck, I hope it works out for you!
2006-10-15 00:41:26
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answer #2
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answered by ThatsNachocheese 2
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someone has to put a [lien] on the property. r u in a common law marriage state? has there ever been a court order for child support? thats the question to ask!!!! talk to an attornery.
2006-10-15 00:32:10
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answer #3
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answered by tapestryterrie c 1
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It could be that they'll take their back child support from the sell of the house(The state) but would only take his half of the profits,not your half.Also no one can put a lien on a house that you sold,just the one you have now.
2006-10-15 00:34:37
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answer #4
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answered by master_der_man 6
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It is possible. They took my sister-in-laws income tax check for her husbands child support that he never paid to his ex. I wouldn't be a bit surprised if they took the money from the sale of the property..
2006-10-15 00:32:22
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answer #5
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answered by Just Bein' Me 6
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Gosh I sure hope so.
2006-10-15 00:30:15
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answer #6
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answered by lily 6
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